This series comprises a sequence of bound minute books. These minutes when taken together furnish a high level summary of the decision making underpinning rulings delivered during bankruptcy proceedings heard by the Common Law Division of the Isle of Man High Court and its antecedents.
Records of the Isle of Man High Court and its antecedents: Bankruptcy Proceedings: Minute Books
This material is held atIsle of Man Public Record Office
- Reference
- IM 1586 S119
- Dates of Creation
- 1882 - 1966
- Name of Creator
- Language of Material
- English
- Physical Description
- 20 volumes and 1 file
Scope and Content
Administrative / Biographical History
Bankruptcy proceedings on the Isle of Man:
The Deemsters' Courts - sometimes referred to as the Courts of General Jurisdiction - were held on a weekly basis and operated in both the North and South of the Island. The Deemsters' Courts exercised a mixed original jurisdiction and via the administration of Breast Law - the Ancient Common Law of the Island - had the power to deal summarily with a wide variety of petty matters, such as: trespass, slander, minor cases of assault or battery as well as debts and contract law. That is, the Deemsters' Courts could make rulings on petty matter without empanelling a jury. While embracing common law jurisdiction for petty matters - parties could request escalation to Higher Courts to allow the matter to be heard before a judge and jury. Additionally - where stipulated by statute - serious criminal matters had to be referred to the Higher Criminal Courts.
In 1872, on the passing of the Bankruptcy Act, the Deemsters' Courts were confirmed and empowered to hear Bankruptcy proceedings with the Court of Chancery exercising appellate jurisdiction over bankruptcy rulings delivered by the Deemsters' Courts (see section 6 of 1872 Act). On the passing of the Judicature Act, 1883 the mixed original jurisdiction of the Deemsters' Courts - inclusive of Bankruptcy proceedings - was transferred to the Common Law Division of the newly formed Isle of Man High Court.
That is, on the 1883 Act's commencement, the Common Law Division became responsible for hearing both civil and criminal causes and matters which would have ordinarily been heard by the Court of Common Law, the Deemsters' Courts, the Court of Exchequer and the Court of Admiralty. The Bankruptcy Procedures Act, 1892 confirmed the role of the Common Law Division in the adjudication of bankruptcy proceedings.
'' the Court having jurisdiction in bankruptcy shall be the High Court, and such jurisdiction shall be assigned to the Common Law Division of such Court… '' - Section 3(1), Bankruptcy Procedures Act, 1892.
The panel of sitting judges for the new High Court was the Lieutenant Governor, the Clerk of the Rolls and the two Deemsters. An amendment to the Judicature Act in 1918, merged the offices of the Clerk of the Rolls and that of the First Deemster into one. This effectively reduced the sitting panel of judges for the Court. A further amendment in 1921, saw the Lieutenant Governor removed from the sitting panel of judges for the Isle of Man High Court.
The High Court Act, 1991 saw further streamlining of the composition of the High Court, which, from this point onward, comprised two divisions a Civil Division and an Appeal Division - see section 2(1). The former - which hears cases under a number of procedure mechanisms - is at the time of writing currently responsible for hearing those cases formerly heard by the Common Law and Chancery Divisions of the Isle of Man High Court.
Arrangement
This series is divided into two subseries with the volumes comprising each subseries being arranged in chronological order:
- S119/1 - Northern Bankruptcy Court: minute books
- S119/2 - Common Law Division: Bankruptcy proceedings: minute books
Access Information
Part of this series is currently subject to a B2/C2 closure period of 84 years under the Public Records Order 2015 due to statutory data protection restriction laid down in the Data Protection Act 2018.
Please contact the Isle of Man Public Record Office for further information: public.records@gov.im .
For information on visiting the Isle of Man Public Record Office please see our website: www.gov.im/pro .
Other Finding Aids
Please see our website for catalogues: www.gov.im/pro .
Archivist's Note
Series level description created by Gavin Rowan, Records & Archive Officer, 10 Jun 2020.
Conditions Governing Use
Crown copyright for unpublished items expires 125 years from the end of the calendar year of creation.
Appraisal Information
Records were selected for permanent preservation in accordance with the Bankruptcy retention schedule, dated 4 September 2018.
Custodial History
Records comprising this series were maintained by the General Registry until their consignment to the Public Record Office in December 1996 under section 3(8) of the Public Record Act, 1999.
The constituent consignments of this series were fully transferred to the Isle of Man Public Record Office under section 3(4) of the Public Record Act, 1999 on the authority of the Director of Courts and Tribunals, February 2019.
Accruals
Accruals are expected for this series.